Terms and Conditions

Last updated: June 03, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Florida, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to RUBY WEB MARKETING LLC, 658 MAIN ST. Chipley, Florida 32428.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Ruby Web Marketing, accessible from www.rubywebmarketing.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Order Term, Fees & Payment

Order Term and Renewals Unless otherwise specified on the applicable Quote, each Order Term shall automatically renew for an additional month unless either party gives the other written notice of termination at least thirty (30) days prior to the expiration of the then-current Order Term.

Fees and Payment All fees are as set forth in the applicable Quote and shall be paid by Client in accordance with the invoice schedule and in the currency set forth in the applicable Quote (and if none, within thirty (30) days of the date of applicable invoice and in U.S. currency)., all fees are non-refundable. The rates in the applicable Quote are valid for the Order Term set forth in such Quote and thereafter shall be subject to an increase of no more than five percent (5%) per year (subject to Client retaining the same Solutions package, capacity and functionality levels). Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by Law, whichever is less.

Ruby Web Marketing reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. We do our best to communicate pricing adjustments by sending our customers an email. If you received a discount or other promotional offer, Ruby Web Marketing shall have the right to automatically and without notice renew your subscription to such Service(s) provided at the full applicable Fee.

As part of registering or submitting information to receive Paid Services, you also authorize Ruby Web Marketing (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Ruby Web Marketing or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). You must keep a credit card stored with Ruby Web Marketing to pay for your Paid subscription services for automatic payment for services rendered by Ruby Web Marketing.

Invoices Ruby Web Marketing will issue an invoice or credit memo for any payment of Fees or refund made to or by Ruby Web Marketing (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws.

Subscription Auto-Renewals In order to avoid any interruption or loss of services, certain Paid Services include an automatic renewal option. Unless you cancel the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Ruby Web Marketing will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to seven (7) days before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Ruby Web Marketing will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

You may cancel the auto-renewal options for Renewing Paid Services provided by Ruby Web Marketing at any time by emailing customerservice@rubywebmarketing.com before your plan is to renew.

If your site is being hosted on WIX, WebFlow another provider and you do not pay us directly for hosting, or your domain you must cancel any of your services through them by following the directions outlined by each company.

Domains You are and shall be solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any OUR Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any services provided by Ruby Web Marketing not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Ruby Web Marketing in relation to the discontinuation of any services provided by Ruby Web Marketing or Third Party Services, for whatever reason. You understand that it is important to keep up with payment in regards to services and domains so that you do not lose the domain affiliated with your account to someone else.

Cancelation and Loss of Data If your account is canceled for any reason it can result in the loss of data of certain content, features, or capacity of your account, including all user data or other usage data retained therein, and including any domain name reservation or registration that was included as part of the services provided by Ruby Web Marketing and any third-party apps, themes, customer management or plug-ins regardless of where the site is being hosted. Ruby Web Marketing or any third-part affiliate will not be responsible for such losses. Additional Fees may apply to the re-activation of an Account and/or any services provided by Ruby Web Marketing following their cancellation, as determined by Ruby Web Marketing in its sole discretion. Some fees are not only what is charged by Ruby Web Marketing, but fees charged by third-party affiliates.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: